In 1988, Congress enacted the Honest Services Fraud statute, 18 U.S.C. §1346, to provide federal prosecutors with another method of criminally prosecuting public officials who forget that public service is not undertaken to benefit themselves but to provide “honest services” to their constituents. Federal prosecutors have used this statute to react to many different types of abuse of office by elected officials. The application of the statute to public officials still generates substantial discussion in the courts, but as of the writing of this analysis, the statute has not been deemed to be unconstitutional and has been applied in many different situations. Essentially, the case law has defined violations of honest services as follows: “When a political official uses his office for personal gain, he deprives his constituents of their right to have him perform his official duties in their best interest.” The Eleventh Circuit has opined that “public officials inherently owe a fiduciary duty to the public to make governmental decisions in the public’s best interest. If the official instead secretly makes his decision based on his own personal interest . . . the official has defrauded the public of his honest services.” The cases fall into two broad categories: 1) bribes or kickbacks, and 2) cases involving self-dealing. The failure to disclose a conflict of interest falls within the intent of the statute.


An Attorney we know feels that selecting an unqualified person who is unqualified (consultant) to have the position in the first place is grounds for invoking the legal action. I don’t care whether we hire Mr. Emrich or Mr. Evertt. If we hire Uncle Tom – mie Boy the battle will be on. And the beautiful part of this is that we have a state law, the Ethics Law 112.313 and the Federal Law to go to court with. We’ve got TWO seemingly qualified applicants that haven’t LIED to me and the people once. Uncle Tom makes Lying into an ART FORM. And the Battle will be against any person, any council member, who votes to retain Uncle Tom as a Consultant Town Manager and a Government Prosecutor, not me.

Bring it on.

This is the statute that the Federal Government has used to get the movie starts, rich folks, coaches and Attorneys for “buying” their Children’s way into Ivy League and top ranked Colleges and Universities. Every charged person so far has gotten two to six months in Federal Penitentiary. Talk about a violation of the Sunshine Law. Talk about a violation of the Sunshine Law.

As I said, BRING IT ON.

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